Stryker hip replacement products continue to fail at high rates and cause serious complications for patients implanted with a hip replacement system that turned out to be much more dangerous than expected. Even as more patients continue to experience serious problems with Stryker products, cases are moving forward across the country with injured victims seeking to hold Stryker accountable for the damage the medical device company’s products have done.
The cases moving forward include claims that have been consolidated both into multi-county litigation and multi-district litigation. Our Boston Stryker hip lawyers know that many of these cases are proceeding on schedule and that plaintiffs may soon have the chance to be fully compensated for problems including metal toxicity, severe pain and failed hip replacements resulting in the need for revision surgery.
Cases Move Forward Against Stryker
Many of the cases that are ongoing are taking place in New Jersey and have been consolidated into a multi-county litigation. Multi-county litigation is a consolidation of statewide cases that make it possible for a judge to more expediently rule on pretrial motions and issues. Each of the plaintiffs making a claim in New Jersey retains their autonomy and control over their individual cases, but the judge can rule more quickly on issues that affect all cases in the same way.
The most recent order issued by the judge in the New Jersey case was issued on October 23 and addressed matters related to the discovery process, including the scope of the discovery process, the parameters of the exchange of information and timing issues. This ruling is a classic example of why multi-county and multi-district litigation has become so common and such an important tool for resolving cases where a defective drug or product causes harm. The discovery issues for all plaintiffs injured by Stryker will be similar, and the multi-district and multi-county litigation allows the judge to rule just one time on the basic questions about the discovery process.
The discovery process is the time during which information is exchanged and made available to allow for both sides to make a compelling case in court. For plaintiffs, for example, records of the testing that the company performed, internal memorandums from Stryker executives about risks of products, and a whole host of other material will help plaintiffs to make a strong case.
Much of the information plaintiffs need is in the hands of the defendant, including records related to the design, development and testing of the drug. The discovery process essentially forces the maker of the defective medical product to produce some of the information about it process and sales that can help a plaintiff to make a case. The judge can now rule just once on what types of information the defendant will need to give to plaintiffs in case there is a dispute.
In many situations, plaintiffs and defendants also work to negotiate a settlement even during this pre-trial discovery period. Stryker may try to settle with at least some plaintiffs involved in litigation as the company anticipates the cost of litigation may exceed $1 million and the company may be looking for ways to relieve some of this cost. For the hundreds whose cases are pending, however, the discovery process is moving along on schedule and plaintiffs will soon have their chance to present evidence to a jury.
If you suffered because of a defective medical device in Massachusetts, call the Law Offices of Jeffrey S. Glassman for a free and confidential appointment — 1-888-367-2900.
More Blog Entries:
Hip Implants for Younger Patients Means More “Revision” Surgeries, October 7, 2013, Boston Products Liability Lawyer Blog